Incident where woman tried to hit 911 caller with car, was shot by officer happened in 4 seconds, police say

A domestic incident where a police officer shot a woman who attempted to run over another woman with a car unfolded over four seconds, said Dayton police Lt. Col. Eric Henderson.

Officer Joshua Gundaker fired three rounds at the vehicle, striking Damika L. Legrand once in the right shoulder.

Legrand was treated and released from Miami Valley Hospital. She was charged with one count of felonious assault, according to Dayton Municipal Court records, and is being held in the Montgomery County Jail.

Around 10:39 p.m. Thursday, a woman in the 1700 block of Newton Avenue called 911 and told dispatchers she was arguing with her child’s father and was in fear for her life, Henderson said.

The woman reported she was being stalked by the man and had been fighting with him over a set of house and car keys.

Legrand is the man’s current girlfriend, Henderson said.

Two officers arrived around 10:47 p.m. and parked on Newton Avenue near Otterbein Avenue. As they were walking up, they heard people arguing in front of the home, Henderson said. They also saw a red Chevrolet Impala that was parked but running against the curb in front of the home.

Legrand accelerated toward the woman, who was standing on the sidewalk, according to court documents. The car jumped the curb toward the woman, but she was able to back out of its path.

Damika L. Legrand. Photo courtesy Miami Valley Jails.

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As the vehicle accelerated forward, Officer Gundaker fired three rounds. Legrand drove back onto the street and fled, Henderson said. At 10:51 p.m., Legrand called 911, reporting she was shot and had a child in the vehicle. Medics rendered aid to Legrand and transported her to the hospital.

Legrand’s daughter was not injured, but taken to Dayton Children’s Hospital to be examined. Police contacted children services and the girl was placed in custody of a relative.

Henderson said there is no indication the officer knew there was a child in the back of the Impala. The car reportedly had dark-tinted windows.

When asked if he approved of the officer’s actions, Henderson said officers are trained to prevent the loss of life, which is how Gundaker perceived the incident.

Gundaker has been with the Dayton Police Department for more than two years. He’s received four written commendations and one written reprimand, Henderson said.

The Dayton Police Department’s Professional Standards Bureau is handling the independent, administrative investigation and department’s homicide unit is handling the criminal investigation.

This story originally read that the woman who called police had been shot, but police said that the person who was shot was not the caller.